‘Tobacco not an intoxicant as one doesn’t lose control over body’

Vadodara: "Tobacco cannot be called an intoxicating substance. Losing control over one's body or behaviour is called intoxication. Chewing tobacco doesn't cause one to lose control over his body or behaviour," a Vadodara consumer forum observed while ordering a medical insurance claim to be paid to Rakesh Patel, a resident of Dabhoi. Patel, who had bought an insurance policy from The Oriental Insurance Company Ltd, developed pain on the right side of his jaw in Feb 2020. He was admitted to a private hospital and discharged in April 2020. Against his claim of Rs 1.64 lakh, the company paid him Rs 76,121. In Sep 2021, Patel was again hospitalized and diagnosed with buccal mucosa cancer, a type of oral cancer. His treatment cost Rs 4.31 lakh, and he filed a claim for Rs 2 lakh. The insurance company repudiated the claim, citing an investigation report that said Patel had been using tobacco for nearly 10 years. It argued that its policy excluded treatments related to alcohol and drug use or any addictive condition arising from them. Patel filed a complaint before the Vadodara District Consumer Disputes Redressal Commission in Nov 2022, stating he never used tobacco and that the cancer did not occur due to tobacco consumption. The commission noted that the exclusion clause mentioned drugs, alcohol and intoxicating substances — but not tobacco. It further held that tobacco could not be classified as an intoxicating substance. "If one sees the meaning of intoxicating, if a person loses control over his body and behaviour due to an alcoholic drink or medicine, it is called intoxication. Tobacco doesn't have such an effect where one loses control over the body," the commission observed. The insurer also failed to produce evidence proving Patel's alleged tobacco use or medical evidence linking his cancer to tobacco. The forum ordered the insurer to pay Rs 1.8 lakh with 9% interest. The commission also directed the company to pay Rs 3,000 as compensation for mental harassment and Rs 2,000 towards Patel's litigation costs.